Explanatory Notes

Community Care and Health (Scotland) Act 2002

2002 asp 5

12 March 2002

Part 1 – Community Care


Section 11 - Amendment of  1995 Act: assessment of ability to provide care for disabled child etc.

51.Similar to section 12A mentioned above, under section 24 of the 1995 Act a local authority’s duty, if requested by a carer of a disabled child, to carry out an assessment of the carer’s ability to care applies only where the authority at that time is assessing the needs of the cared-for child for children’s services. Children’s services are those provided under section 22 of the 1995 Act. The amendment made by section 11 gives carers an independent right to request an assessment that does not depend upon whether the authority is also assessing the needs of the cared-for child. Section 11 also introduces a similar obligation to that referred to in paragraph 49 above on local authorities in respect of carers of disabled children by inserting a new section 24A to the 1995 Act.